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DELLINGER v. WOLF

No. 20190301.

943 N.W.2d 772 (2020)

2020 ND 112

Jesse DELLINGER, Plaintiff v. Jeremy Young WOLF d/b/a Young Wolf Trenching, Trevor Grandchamp, and SITE Energy (USA) Inc., Defendants and QEP Energy Company, Defendant and Appellee v. Kinsale Insurance Company, Third-Party Defendant and Appellant and Legendary Field Services, LLC, Third-Party Defendant.

Supreme Court of North Dakota.

Filed June 2, 2020.

Attorney(s) appearing for the Case

Jordan B. Weir (argued) and Robert B. Stock (appeared), Fargo, N.D., for defendant and appellee QEP Energy Company.

Larry L. Boschee (argued) and Jack E. Zuger (appeared), Bismarck, N.D., Nicholas C. Grant (on brief), Dickinson, N.D., and Aaron L. Warren (on brief), Miami, Florida, for third-party defendant and appellant Kinsale Insurance Company.

[¶1] Kinsale Insurance Company ("Kinsale") appealed from a district court's partial summary judgment determining Kinsale has a duty to defend QEP Energy Company ("QEP"). QEP moved to dismiss the appeal, arguing the partial summary judgment is not appealable. Kinsale responded, asserting the Declaratory Judgment Act provides...

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